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Journal Article

The role of the militia in the development of the Englishman's right to be armed -- clarifying the legacy

01 Jan 1993-Journal on firearms and public policy (Second Amendment Foundation)-Vol. 5, Iss: 1, pp 139-151
TL;DR: This paper examined the English right to have arms, the attitude it embodied and the intent behind it, and provided insight into the meaning of the Second Amendment and its meaning in the United States.
Abstract: When it comes to the origins of the Second Amendment Americans seem to have reversed the old adage that it is a wise child that knows its father. Our Constitution's founding fathers are far better known to us than that "mother country" from which those gentlemen sought, and with some difficulty obtained, a divorce. This is doubly unfortunate: first, because the founders' notions of liberty, including the right to be armed, were profoundly shaped by the British model. And, secondly, because the language in which they couched the Second Amendment has become obscure. An examination of the English right to have arms, the attitude it embodied and the intent behind it, can provide insight into the meaning of our Second Amendment. Clarifying the English legacy can help us clarify our own.
Citations
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Journal Article
TL;DR: In this paper, the authors present a list of articles about the Second Amendment or gun control that have been published in law reviews, and present a review of the most relevant articles.
Abstract: This article lists articles about the Second Amendment or gun control that have been published in law reviews.

9 citations

References
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Book
01 Jan 1946

39 citations

Book
01 Jan 1965
TL;DR: The militia of the Restoration: the origins and character of the restoration Militia Acts triumphs and reverses, 1660-70 80 years' decay, c.1660-1757, 1739-57 the making of the New Militia, 1755-59 1760 - the frustrated counter-attack the struggle for permanence, 1761-86 an epilogue of expansion, 1775-1802 as discussed by the authors.
Abstract: Part 1 The militia of the Restoration: the origins and character of the Restoration Militia Acts triumphs and reverses, 1660-70 80 years' decay, c. 1660-1757. Part 2 The restoration of the militia: the militia and party politics (from Shaftesbury to Walpole) new trends in strategy and politics, 1739-57 the making of the New Militia, 1755-59 1760 - the frustrated counter-attack the struggle for permanence, 1761-86 an epilogue of expansion, 1775-1802. Part 3 The New Militia at work: raising the men the obstacles to real conscription the officers pay, clothing and equipment the routine of life during service how efficient was the militia.

39 citations

Journal Article
TL;DR: The Second Amendment was written neither by accident nor without purpose; it was the product of centuries of Anglo-American legal and political experience as mentioned in this paper, and it has been closely intertwined with questions of political sovereignty, the right of revolution, civil and military power, military organization, crime and personal security.
Abstract: There has been very little case law construing the Second Amendment, perhaps because there has been very little federal legislation on the subject of firearms. This may change, and it may become necessary for the Supreme Court to rule upon constitutional challenges to federal statutes based on the Second Amendment. Even before this occurs, it would be helpful to dispel the uncertainties that exist in Congress about the extent of federal legislative power. In order to determine accurately the intended meaning of the Second Amendment, it is necessary to delve into history. It is necessary to consider the very nature of a constitutional guarantee -- whether it is an inherent, fundamental right, derived from abstract human nature and natural law or, alternatively, a restriction on governmental power imposed after experience with abuse of power. Historically, the right to keep and bear arms has been closely intertwined with questions of political sovereignty, the right of revolution, civil and military power, military organization, crime and personal security. The Second Amendment was written neither by accident nor without purpose; it was the product of centuries of Anglo-American legal and political experience. This development will be examined in order to determine whether the "collectivist" or "individualist" construction of the Second Amendment is correct.

12 citations